I received a BCD in a. Kurt martial back more than 30 yrs…

I received a BCD in a. Kurt martial back more than 30 yrs ago can I get it upgraded or is it a waste of time

Lawyer's Assistant: Are you overseas or stateside?

Over seas when I got discharge did 6 months @but I am in nj fort Riley Kansas

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No don't know where any of them are this was in 1982-83

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I haven't been I. Any kind of trouble since raised 2 collage grad one chef one veteran I enjoyed the service and really believe I was made an example of I should have been re-trained they never called any of the caricatures witnesses all the E6and above told me after the hearing they would have suggested re training

I understand...but what is the basis for the request? Was there some error in the process that led to the BCD?

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Customer reply replied 4 months ago

I guess not I was threatened into a plea bargain they loaded the charges to helping someone obtian mara in the hash form to help his family out told me a sob story about money problems with his family back in the states I also introduced him to a German resident citizen who could supply him he was a CID informant then I got turned into a so called dealer since the plea I probably don't have a foot to stand on here huh?

Is it possible to modify a DD214 (to "upgrade" it from "BCD" to "General")? Certainly. That is possible.

The Board of Corrections for Military Records can do this.

However, it is by no means automatic...

In order to grant an "upgrade" the board of corrections will require the applicant provide evidence of "error or injustice". Only when provided with compelling evidence of error or injustice will the board of corrections make a change to a military record. The board of corrections grants the military with a "presumption of regularity"...basically they presume the record is correct. The burden to rebut that presumption is on the applicant.

So...if you want to change your record? You have to prove there is an error in the record. For example, if they discharged you improperly AND you can prove it? That would be a basis for upgrade.

But unless you have such evidence, the board is not going to make any changes to your record.

I am very sorry to have to bear bad news.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).